(A) When the Utilities Director finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Utilities Director may fine such User in an amount of one thousand dollars ($1,000) a day minimum with a maximum to be determined by actual recovery cost per day. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty percent (20%) of the unpaid balance, and interest shall accrue thereafter at a rate of seven percent (7%) per month. A lien against the User’s property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Utilities Director to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the Utilities Director may convene a hearing on the matter. In the event the User’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the User. The Utilities Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
(Ord. 2013-15, passed 2-21-13)